- (1.) THIS revisional application under article 227 challenges the impugned order dated May 10, 2007 passed by West Bengal Co-operative Tribunal in Appeal No. 30 of 2006.
(2.) THE Uttara Housing Co-operative Society Ltd. , the O. P. No. 1 was constituted and registered under the Bengal Co-operative Societies Act, 1940, in the year 1971. The said Housing Co-operative Society purchased plot No. 13, Broad Street, Calcutta - 700 019 measuring 61 cottahas 6 chittaks from Manmatha Nath Mukherjee and others along with 'thika' tenancy of Manik Lal Karmakar who was running a garage thereof occupying a substantial portion of the land, by a registered deed of purchase dated 30. 11. 74. Ultimately, upon the vesting of interest of superior landlord with the State the said Manik Lal Karmakar began to deposit the rent before the Thika Controller'. In the year 1976 the said housing society asked Manik Lal Karmakar to vacate the suit land over which a title suit was filed by Manik Lal Karmakar and ultimately it was agreed between Manik Lal Karmakar and the housing society, on 22. 8. 79, that the said society would execute a sale deed in respect of 13 cottahs 14 chittaks of land in Picnic Garden Road, Calcutta - 39 out of 18 chittaks and 8 chittaks with condition that the balance 4 cottahas and 8 chittaks of land would also be sold to Manik Lalkarmakar after the registration of the said deed of sale and the matter was confirmed by the letter of the Chief Executive of the society.
(3.) THEREAFTER, the housing society moved to the land ceiling authority for permission for sale of such land to Manik Lal Karmakar, since deceased. Due to non-fulfilment of the conditions in the petition under the said Act, the permission sought for was refused. Then the Housing society had to move this High Court with a writ application.;